Terms of service
ASPER TERMS AND CONDITIONS FOR CONSUMER GOODS, SERVICES AND DIGITAL CONTENT (ALL CHANNELS).
1 These terms may have changed since you last reviewed them
For a list of changes and when they were made, see https://asper-london.com/policies/terms-of-service (“these Terms”)
Where to find information about us and our products
You can find everything you need to know about us, Asper London Ltd incorporated and registered in England and Wales with company number 16589082 whose registered office is at Flat 7, 36 Bassett Road, London, W10 6JL ("we", "us" or "our" in these terms), and our products on our website before you order. We also confirm the key information to you in writing after you order, either by email, in your online account or on paper.
2 When you buy from us you are agreeing that:
2.1.1 We only accept orders when we've checked them (Clause 3).
2.1.2 Sometimes we reject orders (Clause 4).
2.1.3 We charge you when we accept your order (Clause 5).
2.1.4 We charge interest on late payments (Clause 6).
2.1.5 We pass on increases in VAT (Clause 7).
2.1.6 We're not responsible for delays outside our control (Clause 8).
2.1.7 Products can vary slightly from their pictures (Clause 9).
2.1.8 You're responsible for making sure your measurements are accurate (Clause 10).
2.1.9 We charge you if you don't give us information we need or do preparatory work as agreed with us (Clause 11).
2.1.10 If you bought online, by mail order, or over the telephone (as applicable), you have a legal right to change your mind and however you bought you have rights under our guarantee (Clause 12).
2.1.11 You can end an on-going contract (find out how) (Clause 13).
2.1.12 You have rights if there is something wrong with your product (Clause 14).
2.1.13 We can change products and these terms (Clause 16).
2.1.14 We can suspend supply (and you have rights if we do) (Clause 17).
2.1.15 We can withdraw products (Clause 18).
2.1.16 We can end our contract with you (Clause 19).
2.1.17 We don't compensate you for all losses caused by us or our products (Clause 20).
2.1.18 We use your personal data as set out in our Privacy Notice (Clause 21).
2.1.19 You have several options for resolving disputes with us (Clause 22).
2.1.20 Other important terms apply to our contract (Clause 23).
3 We only accept orders when we've checked them
We contact you to confirm we've received your order and we accept it when we dispatch or supply the product and confirm dispatch or supply to you.
Sometimes we reject orders, for example, because a product or the relevant materials are unexpectedly out of stock, because a credit reference we have obtained is unsatisfactory, because we can't verify your age (where the product is age-restricted), because you are located outside our delivery areas, as stated on our website or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.
5 We charge you when we accept your order
However, for some products we take payment at regular intervals, as explained to you during the order process. If your product is goods (rather than digital content or services), you will own it once we have received payment in full.
6 We charge interest on late payments
If we're unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 3% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
8 We're not responsible for delays outside our control
If our supply of your product is delayed by an event outside our control, such as:
(a) acts of God, flood, drought, earthquake or other natural disaster;
(b) epidemic or pandemic;
(c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
(d) nuclear, chemical or biological contamination or sonic boom;
(e) any law or action taken by a government or public authority, including imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent;
(f) collapse of buildings, fire, explosion or accident; and
(g) interruption or failure of utility service,
we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team at support@asper-london.com to end the contract and receive a refund for any products you have paid for in advance, but not received.
9 Products can vary slightly from their pictures
A product's true colour may not exactly match that shown on your device or in our marketing or its packaging may be slightly different. There are also natural variations in materials used such as gemstones which may vary from the example pictures shown on our website.
10 You're responsible for making sure your measurements are accurate
If we're making or supplying the product to measurements you provide, you're responsible for making sure those measurements are correct. Find information and tips on how to measure on our website or contact our Customer Service Team at support@asper-london.com. We offer a bespoke jewellery design service, the details of which can be found on our website (including the process for design and approval before production).
11 We charge you if you don't give us information we need or do preparatory work as agreed with us
We charge you additional sums if you don't give us information we've asked for e.g. your address for delivery, any information we may request from you before we can dispatch your order and any information required in relation to our onboarding instructions. For example, we might need to re-deliver on another vehicle or with extra manpower. The information we require from you in respect of our bespoke jewellery design service is set out on our website. Please note that we reserve the right to charge you additional sums if you request design alterations once the relevant design has been approved by you and by us (for example, changes requested during the 3D modelling stage following confirmation of the final design).
12 If you bought online, by mail order, or over the telephone, you have a legal right to change your mind plus extra rights under our guarantee
12.1 Your legal right to change your mind. For most of our products bought online, by mail order, or over the telephone, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the standard delivery costs. This is subject to some conditions, as set out below.
12.2 Our goodwill guarantee. In addition, we, Asper London Ltd of Flat 7, 36 Bassett Road, London, W10 6JL, offer our UK customers a goodwill guarantee for most products bought online, by mail order, or over the telephone, which is more generous than your legal rights in the ways set out below. The product must be unused, unpersonalised, and returned in its original packaging. This goodwill guarantee does not affect your legal rights if there is something wrong with your product (for more on those rights see: You have rights if there is something wrong with your product (Clause 14).
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Your legal rights |
How our goodwill guarantee is more generous |
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14 days to change your mind, online, telephone, and mail order sales. |
28 days to change your mind, online, telephone, and mail order sales . |
12.3 When you can't change your mind. You can't change your mind about an order for:
12.3.1 digital products, after you have started to download or stream these (including when you have activated the App in respect of the jewellery);
12.3.2 services, once these have been completed;
12.3.3 products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
12.3.4 goods that are made to your specifications or are clearly personalised (including engraved, and custom-sized items); and
12.3.5 goods which become mixed inseparably with other items after their delivery.
12.4 The deadline for changing your mind. If you change your mind about a product, you must let us know no later than 28 days after:
12.4.1 the day we deliver your product, if it is goods, for example jewellery and / or medical ID card. If the goods are for regular delivery (for example, a subscription), you can only change your mind after the first delivery. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery.
12.4.2 the day we confirm we have accepted your order, if it is for a service, for example bespoke jewellery design services, although you can’t change your mind about these services once we have completed them.
12.4.3 the day we confirm we have accepted your order, if it is for digital content for download or streaming (for example, Asper London iOS or Android App V1.0 mobile application software, the data supplied with the software (App)), although you can't change your mind about digital content once we have started providing it.
12.5 How to let us know. To let us know you want to change your mind, contact our Customer Service Team by email at support@asper-london.com and, where available, through any in-App support channel that we may make available from time to time.
12.6 You have to return the product at your own cost. If your product is goods, for example, jewellery and / or medical ID card, you have to return it (and any free gifts provided with it) to us within 14 days of your telling us you have changed your mind. Returns are at your own cost, unless we offered free returns when you bought the goods. You can:
12.6.1 send the product back to us at Flat 7, 36 Bassett Road, London, W10 6JL using an established delivery service. If you do this, you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don't do this and we don't receive the goods at all or within a reasonable time we won't refund you the price. For help with returns, please contact our Customer Service Team at support@asper-london.com.
12.7 We only refund standard delivery costs. For example, we don't refund any extra you have paid for express delivery or delivery at a particular time.
12.8 You have to pay for services you received before you change your mind. If you bought a service (such as bespoke jewellery design services) we don't refund you for the time you were receiving it before you told us you'd changed your mind.
12.9 We reduce your refund if you have used or damaged a product. If you handle the product in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product's condition is not "as new", price tags have been removed, the product-branded packaging is damaged or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due, for example, if you have worn and damaged the product.
12.10 When and how we refund you. If your product is a service, digital content or goods that haven't been dispatched or that we're collecting from you, we refund you as soon as possible and within 14 days of you telling us you've changed your mind. If your product is goods that you're sending back to us, we refund you within 14 days of receiving them back from you (or receiving evidence you've sent them to us). We refund you by the method you used for payment. We don't charge a fee for the refund.
13 You can end an on-going contract (find out how)
We tell you when and how you can end an on-going contract with us (for example, for regular services or a subscription to digital content or goods) during the order process and we confirm this information to you in writing after we've accepted your order. If you have any questions, please contact our Customer Service Team at support@asper-london.com.
14 You have rights if there is something wrong with your product
If you think there is something wrong with your product, you must contact our Customer Service Team at support@asper-london.com. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below (Clause 15). These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that You have several options for resolving disputes with us.
15 Summary of your key legal rights
15.1 If your product is goods, for example jewellery and / or medical ID card, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
15.1.1 Up to 30 days: if your goods are faulty, then you can get a refund.
15.1.2 Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
15.1.3 Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
15.2 If your product is digital content, for example the App, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
15.2.1 If your digital content is faulty, you're entitled to a repair or a replacement.
15.2.2 If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
15.2.3 If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.
15.3 If your product is services, for example bespoke jewellery design services, the Consumer Rights Act 2015 says:
15.3.1 You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it.
15.3.2 If a price hasn't been agreed upfront, what you're asked to pay must be reasonable.
15.3.3 If a time hasn't been agreed upfront, it must be carried out within a reasonable time.
16 We can change products and these terms
16.1 Changes we can always make. We can always change a product:
16.1.1 to reflect changes in relevant laws and regulatory requirements;
16.1.2 to make minor technical adjustments and improvements, for example to address a security threat; and
16.1.3 to update digital content, provided that the digital content always matches the description of it that we provided to you before you bought it. We might ask you to install these updates.
17.1 We can suspend the supply of a product. We do this to:
17.1.1 deal with technical problems or make minor technical changes;
17.1.2 update the product to reflect changes in relevant laws and regulatory requirements; or
17.1.3 make changes to the product (see: We can change products and these terms (Clause 16)).
We can stop providing a product, such as an ongoing service or a subscription for digital content or goods. We let you know at least 14 days in advance and we refund any sums you've paid in advance for products which won't be provided.
19 We can end our contract with you
We can end our contract with you for a product and claim any compensation due to us (including enforcement costs) if:
(a) you don't make any payment to us when it's due and you still don't make payment within 7days of our reminding you that payment is due;
(b) you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product, for example, your address or the information we require from you for our bespoke jewellery design services, as listed on our website;
(c) you don't, within a reasonable time, either allow us to deliver the product to you or collect it from us. If you have said you will collect a product ("click and collect") but you don't do this within 7 days then (unless the product is made to your specifications or is clearly personalised) we treat your order as cancelled and refund the purchase price, see: If you bought online, by mail order, or over the telephone, you have a legal right to change your mind plus extra rights under our guarantee (Clause 12); or
(d) you breach the acceptable use restrictions in respect of the App as set out in our EULA found at https://asper-london.com/policies/eula
20 We don't compensate you for all losses caused by us or our products
20.1 We're not responsible for losses you suffer caused by us breaking this contract if the loss is:
20.1.1 Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
20.1.2 Caused by a delaying event outside our control. As long as we have taken the steps set out in the section, we're not responsible for delays outside our control.
20.1.3 Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.
20.2 To the extent that you use a product for the purposes of your trade, business, craft or profession then, save in respect of any liability which cannot legally be limited, our total liability to you for all losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to what you paid for the product and all claims for loss of profit or indirect or consequential loss are wholly excluded.
21 We use your personal data as set out in our Privacy Notice
How we use any personal data you give us is set out in our Privacy Notice https://asper-london.com/policies/privacy-policy
22 You have several options for resolving disputes with us
22.1 Our complaints policy. Our Customer Service Team at support@asper-london.com will do their best to resolve any problems you have with us or our products
22.2 You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
23 Other important terms apply to our contract
23.1 We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We'll tell you in writing if this happens and we'll ensure that the transfer won't affect your rights under the contract. If you're unhappy with the transfer you can contact our Customer Service Team at support@asper-london.com to end the contract within 7 days of us telling you about it and we will refund you any payments you've made in advance for products not provided.
23.2 You can only transfer your contract with us to someone else if we agree to this. We may not agree for certain reasons. However, you can transfer our guarantee (as explained in Our goodwill guarantee (Clause 12.2)) to a new owner of the product. We can require the new owner to prove you transferred the product to them, for example by producing an email, letter or message from you and the new owner transferring the benefit of the guarantee to the new owner of the product in question.
23.3 Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it (other than someone you told us you were giving a product to as a present) and neither of us will need to ask anybody else to sign-off on ending or changing it.
23.4 If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
23.5 Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn't mean we can't do it later.
